Minute of the meeting of the Highland Licensing Board held in the Council Chamber, Headquarters, Glenurquhart Road, Inverness, on Tuesday 18 October 2011 at 2.00 pm.

 

Business

 

Present:

 

Mr P Corbett (Convener)
Mr R Greene
Mr D Millar
Mrs M Paterson
Mr A Rhind

 

In Attendance:

 

Alaisdair Mackenzie, Clerk
Ian Cox, Licensing Standards Officer, Inverness Nairn and Badenoch and Strathspey
David Inglis, Licensing Standards Officer, Caithness Sutherland and Easter Ross
Chief Inspector James Neil, Northern Constabulary
Inspector David Greenlees, Northern Constabulary
Inspector R Aitken Northern Constabulary
Sgt A Goskirk, Northern Constabulary
Wendy Grosvenor, Licensing Assistant
Miss J Greene, Clerical Assistant

 

Also in Attendance:

 

Mr Fergus Ewart - item 7.1 (for the Applicant)
Ms Kelly Franks - item 7.3 (the Applicant)
Mr Barry Hartshorne - item 7.4  (the Applicant).
Ms Elaine Donna Young - item 8.1 (for the Applicant)
Tyrone Dow - item 9.2 (the Applicant)
Ms Alexis Johnstone - item 9.2 (representing the Applicant)
Mr M Hudson - item 9.4 (the Applicant)
Mr Ross Thompson, Solicitor - item 9.4 (representing the Applicant)
Sandra MacDonald - item 9.5 (for the Applicant)
Mrs C Martin - item 9.5 (in support of the application)
Mrs J Wood - item 9.5 (Objector)
Kirsty Macfarlane - item 9.6 Item (representing the Applicant)
Mr D M Lamont - item 10.1
Mr Modris Karklins - item 11.1
Mrs Lorna Murray - items 7.2, 7.3 and 9.3 (representing the applicants)

 

(Convener – Mr Peter Corbett)

 

Briefing on Protocol for Webcasting of Meetings

 

The Chairman provided the Board with a short briefing on the Council’s webcasting procedure and protocol.  Accordingly, he advised that Items which the Board decided should be considered in private would not be webcast due to the disclosure of personal information relating to applicants/licence holders.

 

Declarations of Interest: 

 

Mr Drew Millar declared a non-financial interest in item 10.1 as he was a friend of the Licence Holder and would leave the meeting when the item was considered.

 

1. Apologies for Absence

 

Mr D Flear, Mr A Henderson, Mr R Pedersen, Mr G Rimell and Mrs G Sinclair

 

2.  Confirmation of Minutes

 

There had been circulated for confirmation the minute of the meeting of the Highland Licensing Board held on 6 September 2011.

 

The minute was held as read and APPROVED.

 

3. Licensing (Scotland) Act 2005
Licences granted under Delegated Powers

 

There was circulated Report No HLB-112-11 (18kb pdf) detailing Licences which had been granted under delegated powers by the Clerk to the Board during the period 24 August 2011 to 4 October 2011.

 

The Board NOTED the Report.

 

4. Licensing (Scotland) Act 2005
Occasional Licences and Extended Hours granted under Delegated Powers

There was circulated Report No HLB-113-11 (46kb pdf) detailing Occasional Licences and Extended Hours Applications which had been granted under delegated powers by the Clerk to the Board during the period 24 August 2011 to 4 October 2011.

 

The Board NOTED the Report.

 

5. Highland Licensing Board Meetings in 2012

 

The Board was asked to note the following meeting dates for 2012, as agreed at The Highland Council on 8 September 2011.  All meetings would take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness:

 

4 January 2012 
7 February 2012
6 March 2012
3 April 2012
12 June 2012
7 August 2012
4 September 2012
2 October 2012
6 November 2012
4 December 2012

 

The Board NOTED the dates for 2012.

 

6. Licensing (Scotland) Act 2005 

Surrender of Premises Licence - Section 28(6)(b)

 

6.1
Ref:     INBS 459
Premises Licence-holder
:  Punch Partnership Ltd, Second Avenue, Burton on Trent. 
Premises: The Jolly Drover, 1 Kintail Crescent, Inverness IV1 4QE  
Type:   On and Off Sales   

 

The Board NOTED that the Premises Licence had been surrendered in terms of Section 28(6)(b) of the Licensing (Scotland) Act 2005.
surrender of licence.

 

6.2
Ref:     RSL/R/1438
Premises Licence-holder:
  Raymond L J Hill 
Premises: Mustn’t Grumble Café Bar, Achtercairn, Gairloch
Type:   On and Off Sales   

 

The Board NOTED that the Premises Licence had been surrendered in terms of Section 28(6)(b) of the Licensing (Scotland) Act 2005.
surrender of licence.

 

7. Licensing (Scotland) Act 2005  
Applications for the grant of Provisional Premises Licences         

 

7.1
Ref: INBS 520
Applicant
: Redfield Limited, Redcraig House, Rosemarkie, Fortrose IV10 8SJ
Premises:  Formerly Mojo’s, 50 Baron Taylor Street Inverness IV1 1QG
Type: On Sales

 

There had been circulated Report No HLB-114-11 (17kb pdf) by the Clerk.

 

Having heard from Mr Fergus Ewart on behalf of the Applicant the Board GRANTED the application, subject to the mandatory conditions and the local conditions set out in paragraph 5 of the Report.

 

7.2
Ref: INBS 09
Applicant:
Co Operative Group Food Ltd, New Century House, Miller Street, Manchester per To & J W Barty, 61 High Street, Dunblane FK15 0EH
Premises: Co Operative Group Food Ltd, Wester Inshes Place, Milton of Leys, Inverness IV2 5 HZ.
Type: Off Sales

 

There had been circulated Report No HLB-115-11 (16kb pdf) by the Clerk.

 

Having heard from Mrs Lorna Murray on behalf of the Applicant the Board GRANTED the application subject to the mandatory conditions.

 

7.3
Ref: INBS 524
Applicant:
Kelly Marie Franks, [text removed from web version in compliance with Data Protection Act 1998].
Premises: McGonagall’s, 7 Bridge Street, Inverness IV1 1HG
Type: On Sales

 

There had been circulated Report No HLB-116-11 (17kb pdf) by the Clerk.

 

Having heard from Mrs Lorna Murray on behalf of the Applicant the Board GRANTED the application subject to the mandatory conditions and the local condition set out in paragraph 5 of the Report.

 

7.4
Ref: HC/CSER/1582
Applicant:
Barry Hartshorne
Premises: The Birch Tree, Delny, Invergordon
Type: On Sales

 

There had been circulated Report No HLB-117-11 (22kb pdf) by the Clerk.
Mr Barry Hartshorne, the applicant, was present.

 

Having heard from the Applicant the Board GRANTED the application subject to the mandatory conditions.

 

8. Licensing (Scotland) Act 2005  
Applications for the grant of Premises Licences

 

8.1  
Ref: INBS 523
Applicant:
Glenroy Glaze, [text removed from web version in compliance with Data Protection Act 1998].
Premises:  Kool Runnings – A Taste of Jamaica Ltd, 14 Church Street, Inverness IV1 1EA
Type: On Sales

 

There had been circulated Report No HLB-118-11 (17kb pdf) by the Clerk.

 

Having heard from Mrs Elaine Donna Young on behalf of the Applicant the Board GRANTED the application subject to the mandatory conditions and local conditions 1-5 (inc) set out in paragraph 5 of the Report.

 

8.2
Ref: INBS 521
Applicant:
Shelagh M McNeil
Premises:  The Old Minister’s Guest House, Rothienmurchus, Inverdruie, Aviemore PH122 1QH
Type: On Sales

 

There had been circulated Report No HLB-119-11 (17kb pdf) by the Clerk.

 

After consideration the Board GRANTED the application subject to the mandatory conditions and local conditions 1-2 (inc) set out in paragraph 5 of the Report.

 

9. Licensing (Scotland) Act 2005
 Applications for Variation (Major) to Premises Licences

 

9.1
Ref: INBS 09
Applicant:
Co Operative Group Food Ltd, New Century House, Miller Street, Manchester, per Tho & J W Barty, 61 High Street, Dunblane FK15 0EH
Premises: Co Operative Group Food Ltd, 4 The Square, Grantown on Spey PH26 3HG.
Type:  Off Sales.

 

Variation: Change to the layout of the store and the alcohol display area.  The capacity would increase from 36.91 to 54.29 sq metres.

 

There had been circulated Report No HLB-120-11 (22kb pdf) by the Clerk.

 

After consideration the Board GRANTED the application subject to the mandatory conditions.

 

9.2
Ref: HC/CSER/1166 
Applicant
: Tyrone Dow
Premises: Archways Public House Ltd, Queen Street, Tain
Type:  On and Off Sales 

 

Variation: Change the on-sales hours on Saturdays to 12.30pm to 1am the following day.

 

There had been circulated Report No HLB-121-11 (102kb pdf) by the Clerk.

 

The applicant, Tyrone Dow, was present and was represented by Alexis Johnstone.

 

Inspector R Aitken confirmed that in there had been an error in his letter dated 13 September 2011. At incident NJ9880/11 ‘a 16 year old male’ should read ‘a 26 year old male’. 

 

Alexis Johnstone spoke in support of the application: there were 9 CCTV cameras working – 5 outside and 4 inside the premises and that the premises were a member of the Pubwatch scheme.

 

There were no Members’ questions.

 

Inspector R Aitken confirmed that in his letter he had stated that should the variation be granted then it would set a precedent and would impact on police services within the area.

 

The Clerk advised that an appropriate consultation process had been carried out when the Board set its policy on permitted hours and would have considered any comments submitted by Northern Constabulary. This being the case it was not relevant for Northern Constabulary to object to an application on these grounds.

 

Mr A Rhind, notwithstanding the Clerk’s comments, stated that he agreed with the representation made by the Police and was uncomfortable with the adopted policy hours for the Caithness and Sutherland area.  He suggested that stewards be put in place for this particular application and that the Licence Holder and staff should be vigilant when serving customers late in the evening.

 

Ms Johnstone stated that they put 4 members of staff behind the bar on a Saturday evening and put on extra staff when required.  They were vigilant in respect of serving customers who had already been drinking.  They had an SIA trained manager and were about to train more of their staff.  They also had CCTV.

 

LSO David Inglis confirmed that this was a well run premises.   He stated that it was possible that on occasion there may be noise, but no formal complaints had been received.

 

The Board agreed to GRANT the application subject to the mandatory conditions and local conditions (a), (b), (c), and (j) set out in paragraph 7.1 of the Report.

 

9.3
Ref: HC/CSER/0376 
Applicant
: Angus Fyfe
Premises: The Braes Public Bar, Fountain Square, Brora
Type:  On and Off Sales

 

Variation: 

  1. Change the on-sales hours on Mondays to Saturdays to 11.00 am to 1.00 am the following day and Sundays to 12 noon to 12 midnight.
  2. Change the seasonal variations on 24, 25 and 31 December to 2.00 am the following day and change 26 December and 1 January to 1.45 am the following day.

 

There had been circulated Report No HLB-122-11 (393kb pdf) by the Clerk.

 

Mrs Lorna Murray, representing the applicant, spoke to the application.

 

Inspector R Aitken withdrew the letter of representation submitted by Northern Constabulary.

 

After consideration the Board GRANTED the application subject to the mandatory conditions and the existing local conditions.

 

9.4
Ref: HC/CSER/1039 
Applicant
: Murdoch L Hudson per Harper Macleod, The Ca’d’oro, 45 Gordon Street, Glasgow
Premises: The Caledonian Bar, 28-30 King Street, Invergordon
Type:  On and Off Sales 

 

Variation: Change the on-sales hours on Saturdays to 11am to 1am the following day.

 

There had been circulated Report No HLB-123-11 (90kb pdf) by the Clerk.

 

The applicant Mr Hudson was present and represented by Mr Ross Thomson from Harper Macleod.

 

It was noted that an objection had been received from Invergordon Community Council but that there was no representation at the meeting.

 

Mr Thompson spoke to the application.  He stated that it was within Board policy and that there was no evidence supporting the Community Council’s comments.

 

The Board agreed to GRANT the application subject to the mandatory conditions and the existing local conditions.

 

9.5
Ref: HC/CSER/1041 
Applicant:
Sandra MacDonald
Premises: Milton Inn, Kildary
Type:  On and Off Sales

 

Variation:

  1. Change the on-sales hours on Saturdays to 11am to 1am the following day and on Sundays to 12 noon to 12 midnight
  2. Change the off-sales hours on Sundays to 12 noon to 10pm

 

There had been circulated Report No HLB-124-11 (90kb pdf) by the Clerk.

 

The applicant Sandra MacDonald was present.

 

The objector, Mrs Wood was present.

 

Mrs C Martin, in support of the application was also present.

 

Sandra MacDonald was invited to speak to her application.  She stated that she tried to encourage her customers to move away from the premises, at the end of business, and for those smoking outside, she encourages them to return to the premises quickly, in an effort to minimise any outside noise disturbance.

 

LSO David Inglis confirmed that the premises were well run.  He confirmed that the licence holder was aware of some complaints but that these only happened from time to time.

 

There were no Members’ questions.

 

Mrs Wood, an objector, stated that she lived in close proximity to the premises.  The noise disturbance was not regular but when it occurred it was very intrusive and sometimes late at night when she was sleeping.  She wanted an assurance that this situation would not worsen.  She was aware that the licence holder had made efforts to curtail any noise disturbance. She confirmed that the noise was only outside the premises and not coming from inside.  She queried the date of the letter of support from Mrs Martin.

 

Mrs MacDonald agreed to try to keep outside noise disturbance reduced.

 

Mrs Martin (in support of the application) stated that she had lived in her nearby property for 20 years and had never found the noise intrusive. The premises always closed in good time. She had also written to the local Community Council in a similar vein and had not received any negative comments back.

 

After consideration the Board agreed to GRANT the application subject to the mandatory conditions and the local conditions (a), (b), (c), (g) and (j) set out in paragraph 7.1 of the Report and to remove the existing local conditions.

 

9.6
Ref: HC/CSER/0374 
Applicant
: Railway Hotel Tain Ltd
Premises: Railway Hotel, Castle Brae, Tain
Type:  On Sales

Variation: Change the on-sales hours on Saturdays to 11.00 am to 1.00 am the following day and on Sundays to 12 noon to 12 midnight

 

There had been circulated Report No HLB-125-11 (127kb pdf) by the Clerk.

 

Kirsty MacFarlane was present for the Applicant.

 

Objections had been received from Northern Constabulary and the Royal Burgh of Tain Community Council.

 

Ms MacFarlane was invited to speak to her application.  She confirmed that she had good CCTV, four SIA qualified stewards, good staff and good management.

 

LSO David Inglis confirmed that he had no concerns and that the premises were well managed.

 

Inspector R Aitken stated that he would withdraw his observation in respect of policy hours.  He outlined the incidents contained within the letter to the Board.  He commented that some of the incidents which could be linked to alcohol consumption were occurring within the premises but when the customers concerned were ejected from the premises, this took the problem outside onto the street which meant that the Police were then having to deal with them.

 

Ms MacFarlane stated that they had a disco downstairs and this often meant that customers frequented the premises as a ‘last port of call’ in the evening.  She stated that if customers appeared to have had too much to drink then they would not be served.

 

Mr D Millar queried the effectiveness of stewarding in place.  He suggested that more emphasis could be placed on not letting people who appeared to have been drinking heavily into the premises as opposed to organising their ejection from the premises.

 

Mr A Rhind suggested that a positive action would be for the Police service and the licensee to get together and move to resolve the issues discussed.

 

This was NOTED and AGREED by both parties.

 

The Board agreed to GRANT the application subject to the mandatory conditions and the local conditions (a), (b), (c) and (j) set out in paragraph 7.1 of the Report and to remove the existing local conditions.

 

9.7
Ref: HC/RSL/0769 
Applicant:
MacPherson Estate Services
Premises: Corrour Lodge, Corrour Estate, Fort William
Type:  On Sales

 

Variation: (i) removal of specific condition to permit off-sales (ii) inclusion of off-sales within operating plan

 

There had been circulated Report No HLB-126-11 (27kb pdf) by the Clerk.

 

LSO Ian Cox confirmed that this would be a small operation in terms of liquor sales.

 

The Board GRANTED the application subject to the mandatory conditions but with no local conditions now applying.

 

9.8
Ref:  HC/RSL/S/1412
Applicant
: Jonathan Supper
Premises: Saucy Mary’s Lodge, Kyleakin, Isle of Skye
Type: On Sales and Off Sales

 

Variation:

  1. Amend description of premises.
  2. Vary On Sale opening hour from 11.30am to 11.00am on Monday to Saturday and from 12.30pm to 12 Noon on Sunday.
  3. Vary Off Sale opening hour from 11.30am to 10.00am Monday to Saturday and from 12.30pm to 10.00am on Sunday.
  4. Additional activities outwith core hours will include bar meals, dance facilities, theatre, films gaming and indoor/outdoor sports.
  5. Increase on sales capacity from 108 to 140 and provide off sales capacities of 1.2m2 (accessible area) and 0.7 m2 (inaccessible area).
  6. Vary layout plan.

 

There had been circulated Report No HLB-127-11 (29kb pdf) by the Clerk.

 

The Board GRANTED the application subject to the mandatory conditions and the local conditions A, B, C, E and J set out in paragraph 6.1 of the Report and to remove the existing local conditions.

 

9.9
Ref:  HC/RSL/S/0151
Applicant
: Clare Winskill
Premises: Coruisk House, Elgol, Isle of Skye
Type: On Sales

 

Variation:

  1. Amend description of premises.
  2. Amend Seasonal Condition.
  3. Vary On Sale opening hour from 6.00pm to 12 Noon.
  4. Remove age restriction for children.
  5. Increase capacity from 24 to 30.
  6. Remove reference to children on layout plan.

 

There had been circulated Report No HLB-128-11 (28kb pdf) by the Clerk.

 

The Board GRANTED the application subject to the mandatory conditions and the local condition set out in paragraph 6.2 of the Report with the existing local conditions being removed.

 

Having declared a non-financial interest in the following item, Mr D Millar left the meeting.

 

10. Licensing (Scotland) Act 2005
Request for Review of Premises Licence

 

10.1
Ref: HC/CSER0245, 0902, 0904
Premises
: Bin Ends, Thurso, Bin Ends, Wick and Mackays Hotel, Wick
Licence Holder: Donald Murray Lamont

 

There had been circulated Report No Item 10.1 - HLB-129-11 (63kb pdf) by the Clerk.

 

Mr Lamont, the Licence Holder, was present at the meeting.

 

The Board agreed to hold a review of the Premises Licence.

 

Mr Lamont was invited to speak. He stated that he had been a licensee for 15 years, with 13 years at Bin Ends in Thurso. He tried to run his establishment to a high standard, and that it was well managed with no problems.  The incident had been a ‘misjudgement’ on his part.

 

It was noted that the Chief Constable had not recommended that the premises licence be varied, suspended or revoked.

 

The Board AGREED to take no further action.

 

Mr D Millar returned to the meeting.

 

10.2 Additional Item:

 

The Board AGREED to consider an additional item which had come to the Clerk’s attention after the Agenda had been issued.

 

Premises: Innes Bar, 61 Innes Street, Inverness.
Licence Holder: Mr C MacLeod

 

Two letters requesting a review had been submitted to the Board for consideration. The Board agreed to hold a Review but to DEFER the Review Hearing to the meeting of the Board on 22 November 2011.

 

The Board agreed to resolve that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting during discussion of the following item 11 on the ground that it involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.

 

11. Review of Personal Licence

 

11.1
Ref: HC2611
Applicant:
Modris Karklins

 

There had been circulated to Members only Report No HLB/130/11  by the Clerk.

 

Mr Modris Karklins was present at the meeting.

 

Inspector D Greenless spoke to his letter of 29 August 2011 and the notice of conviction.

 

Mr Karklins was invited to speak.  He stated that the incident had been a ‘foolish mistake’. He had never had any intention to harm anyone.  He had purchased the item over the internet from the USA and had not appreciated that it was illegal to possess such an item in this country.

 

Following consideration, the Board AGREED to ENDORSE Mr Karklins’ Personal Licence

 

The public were allowed to return to the meeting.

 

12. Consultation on Reforming Police and Fire Services in Scotland

 

There had been circulated Report No HLB-131-11 (108kb pdf) by the Clerk inviting the Licensing Board to respond to a consultation on the Scottish Government’s proposals to create a single Scottish Police Service and a single Scottish Fire and Rescue Service.

 

The Board AGREED to adopt the Highland Council’s response.

 

The meeting ended at 15.25 hrs.